Evidence-Wellborn SU2006 Outline

Example court found that evidence that a defendant

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Unformatted text preview: called `capacity' and has been applied in similar circumstances. Example: The court found that evidence that a defendant charged with bribery of public officials was acquainted with a notoriously corrupt state official was relevant to show that he had the kind of political connections to accomplish the charged acts of bribery. Example: Court found that evidence that a defendant possessed cocaine was admissible to establish that he had the ability to make the sale charged in the indictment. UNITED STATES v. VAN METRE [Evidence Concerning the Accused in a Criminal Case: Other Crimes, Wrongs, or Acts Admissible for a Non-Character Purpose: Other Acts admitted to prove INTENT FRE 404(b)] Facts: Van Metre met a waitress at a diner. Claims he took her out on a date. Took her to an excluded farm. Began having consensual sexual foreplay. Claims the waitress made derogatory comment about his penis and then he strangled her. Procedural Posture: Issue: Van Metre charged with kidnapping Blake. Van M...
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